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Practice Area
The United States International Trade Commission (ITC) is an increasingly popular venue for patent infringement litigation. More and more companies are seeking to halt importations of infringing products into the United States by turning to the ITC for expedited relief. Section 337 investigations conducted by the ITC provide complainants with a “fast track” to remedy IP matters that typically go to trial within 10 months. Since many Section 337 cases go to trial, selecting an ITC litigation team with a command of the technology, patent law, and specialized procedural practice is extremely important. We have handled more than 100 cases before the ITC.
Practice Area
International trade is essential for the growth and development of global economies and businesses. As international trade has expanded and developed, so too have the myriad rules and regulations that govern it. The global compliance environment is becoming more complex by the day and can be difficult to navigate without the assistance of experienced counsel. Failure to comply with international trade rules and regulations—even if done so unwittingly—can lead to civil and criminal penalties, monitorships, consent agreements, debarment, reputational damage, substantial administrative burden, legal expense, and unsatisfied business objectives. Increasingly, there also is exposure for individual officers/directors, which can include monetary penalties and, potentially, jail time.
Practice Area
Winston has decades of experience representing clients in international arbitrations around the world. Representing clients in both commercial and investor-state international arbitrations, we are well known by the leading players in the global arbitration arena. Our integrated team of attorneys enforces awards worldwide, knows every angle of international disputes, and has a robust understanding of our client’s industries.
Experience 178 results
Experience
|January 27, 2026
Winston & Strawn secured a decisive victory for PayPal in an intellectual property dispute brought by Irish non-practicing entity Internet Payment Patents LTD (IPPL). Magistrate Judge Susan van Keulen of the Northern District of California entered final judgment in PayPal’s favor, finding all asserted patent claims ineligible under 35 U.S.C. § 101 and granting PayPal’s motion to dismiss without leave to amend.
Experience
|January 22, 2026
Advised SQM on US$600M offering of subordinated capital notes due 2056 (Hybrid Bond Offering)
Winston & Strawn LLP advised longstanding client Sociedad Química y Minera de Chile S.A. (“SQM”) (NYSE: SQM) on its US$600 million offering of subordinated capital notes. The notes were offered in the United States pursuant to Rule 144A and outside the United States pursuant to Regulation S.The subordinated capital notes are due in 2056 and constitute SQM’s first international hybrid bond issuance, structured to be consistent with SQM’s recent UF 10 million (approximately US$ 430 million) Series S hybrid-subordinated bond issuance in the Chilean securities market. The notes bear an initial annual interest rate of 5.625% and are subject to reset on April 22, 2031 (the “First Reset Date”), and on every fifth anniversary thereafter, based on a spread over the 5-year U.S. Treasury bond rate, with interest rate step-ups on the fifth and twentieth anniversaries of the First Reset Date. The transaction closed on January 22, 2026.BofA Securities, Inc., Goldman Sachs & Co. LLC, J.P. Morgan Securities LLC, Santander US Capital Markets LLC, and Scotia Capital (USA) Inc. acted as initial purchasers of the notes.Link Capital Partners was financial advisor to SQM.SQM is a global company with a leading position in the lithium, iodine, and potassium nitrate markets. It develops and produces a diverse range of products for industries essential to human progress, including health, nutrition, renewable energy, and technology, driven by innovation and technological development.The Winston & Strawn team advising on the transaction included corporate partner Sey-Hyo Lee (New York) and foreign legal advisor Bruno M. Fiorino (New York). Partner Katherine Erbeznik (New York) advised on tax matters.
Experience
|January 19, 2026
Winston Advises smartTrade Technologies Group on the Acquisition of kACE
A cross-border team from advised smartTrade Technologies Group (“smartTrade”), a leading provider of multi-asset electronic trading and payments solutions, on its acquisition of kACE Financial (“kACE”), formerly known as Fenics, a well-established provider of technology solutions for FX and interest rate derivatives pricing, analytics, and workflow management.
Insights & News 3,668 results
Webinar
|February 24, 2026
Venezuela in Transition: The Evolving Investment Landscape
Recent political developments in Venezuela are significantly impacting the country’s outlook, presenting novel challenges and opportunities for investment in the region.
Recognitions
|February 20, 2026
|1 Min Read
Winston & Strawn associate Ashley Wright was recognized by Corporate Counsel among the Next Generation of Leaders (Law Firm) winners in its 2026 Women, Influence & Power in Law (WIPL) Awards. This category recognizes up-and-coming women lawyers who have demonstrated exceptional skill, dedication, and commitment to advancing equality in both the legal profession and their communities.
Client Alert
|February 19, 2026
|4 Min Read
Upcoming Registration and Reporting Deadlines for VC Funds with CA Nexus
Under California’s Fair Investment Practices by Venture Capital Companies Law (the FIPVCC), venture capital funds with a nexus to California (Covered Entities) will be required to register with the California Department of Financial Protection & Innovation (the DFPI) starting in March 2026 and report demographic information about their portfolio companies to the DFPI starting in April 2026. The purpose of the FIPVCC is to increase transparency regarding the demographics of the founding teams of the portfolio companies in which Covered Entities invest.
Other Results 91 results
Site Content
What Is the Federal Trade Commission (FTC)?
The Federal Trade Commission (FTC) is a government agency established in 1914 to prevent anticompetitive, deceptive, or unfair business practices. The FTC is defined as having a dual mission of: (1) protecting consumers; and (2) promoting competition. Agency expertise and resources are available to federal and state legislatures, as well as other U.S. government agencies. The FTC enforces consumer protection and antitrust laws, and also works to advance consumers’ interests and provide educational programs.
Site Content
What Is the Domestic Industry Requirement?
The domestic industry requirement for Section 337 investigations at the U.S. International Trade Commission (ITC) mandates that a complainant asserting patent infringement at the ITC, or complainant’s licensee, has made in the United States significant investments in plant and equipment, significant investments in labor or capital, or substantial investments in engineering, research and development, or licensing. The investments must further be directed to articles that practice a valid claim of the asserted patent. The investment component of the requirement is referred to as the “economic prong,” while the requirement that the article practices the asserted patent is referred to as the “technical prong.” The domestic industry requirement is codified in 19 U.S.C. § 1337(a)(2)-(3).
Site Content
The United States Patent and Trademark Office refers to a trade secret as a type of intellectual property. This definition of trade secret is in reference to the business ownership of a formula, pattern, compilation, program, device, method, technique, or process that provides a competitive edge. As a member of the World Trade Organization, the U.S. government has a responsibility to protect trade secrets. The passage of the Defend Trade Secrets Act of 2016 (DTSA) also increased trade secret protection. Under the DTSA, an individual or organization may be found liable in a civil case for the misappropriation of trade secrets.